MU Law is aware that the USCIS has been denying/issuing RFE/NOIDs on I-140s when nurses hold a BSN. The USCIS somehow has been finding that BSN nurses are not qualified for nursing positions that require an Associate’s degree in nursing (ASN). USCIS claims that the I-140 should be denied because the BSN does not meet the exact requirements on the ETA Form 9089.

This is ridiculous decision-making by USCIS. The BSN is, of course, a higher degree than an Associate’s degree. BSN nurses are more than qualified for these positions. The law is clear that any I-140 beneficiary can have additional skills, experience, or education beyond the requirements stated in the ETA Form 9089 and still meet the minimum requirements of the position.

MU Law and others have reached out to USCIS through AILA, suggesting that this is a training issue at USCIS . As per a recent AILA update, USCIS is looking into this issue. We hope to have a positive update soon.

Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

In an 8-0 decision the Supreme Court has held that: In the context of statutory rape offenses that criminalize sexual intercourse based solely on the ages of the participants, the generic federal definition of “sexual abuse of a minor” requires the age of the victim to be less than 16.

The facts and procedural history of the case are as follows:

The case involved a citizen of Mexico and lawful permanent resident who pleaded no contest in California to a statutory rape offense that criminalizes the “unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator.” Cal.Penal Code Ann. §261.5(c). California defines “minor” as “a person under the age of 18.” §261.5(a). Based on this conviction, the Department of Homeland Security initiated removal proceedings under the Immigration and Nationality Act (INA), which makes removable “[a]ny alien who is convicted of an aggravated felony,” 8 U. S. C. §1227(a)(2)(A)(iii), including “sexual abuse of a minor,” §1101(a)(43)(A). An Immigration Judge ordered petitioner removed to Mexico. The Board of Immigration Appeals agreed that petitioner’s crime constituted sexual abuse of a minor and dismissed his appeal. A divided Court of Appeals denied his petition for review.

Mr. Kelly has and continues, through his agents in DHS and contracted staff at BCRC, to intentionally and unlawfully deprive children of sleep by flashing bright lights
on their faces at 15 minute intervals from 8:30 pm to 6:30 am, a total of 40 interruptions in sleep per night, 280 interruptions in sleep per week; & 14,560 interruptions per year.”